Welcome to BINGABINGA. We’re glad that you have chosen our site. Make yourself comfortable and have a good time, but please kindly follow our guidelines.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "merchant" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available via hyperlink. This Agreement applies to all merchants of the Site. The contents of this agreement include the main body as well as all the terms, conditions and policies including (but not limited to) legal statements, privacy provisions, etc. that have been or will be published or released by BINGABINGA. All terms, conditions and policies are an integral part of this agreement and shall have the same legal effect as the main body of this agreement.
BINGABINGA reserves the right to change some or all of the terms, conditions and policies of the service at any time. When BINGABINGA launches new terms of this agreement, the new terms shall come into force as the merchant click the button “I agree”. You log in or continue to use the “service”, which means that you have read and accepted the revised, updated agreement. If merchants do not agree to any alteration or updates of terms, conditions and policies, merchants must terminate this agreement according to the rules.
For any of your disputes with BINGABINGA, the latest agreement shall prevail. Unless explicitlystated,anynewcontentthatwillexpandthescopeofthe“service”shall be subject to thisagreement.
1. BINGABINGA is aMarketplace
BINGABINGA acts as a marketplace to allow merchants who comply with BINGABINGA's policies to offer and sell certain goods within an optimized-price format. BINGABINGA is not directly involved in the transaction between buyers and sellers. As a result, BINGABINGA has no control over the quality, safety, morality or legality over any aspect of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.
BINGABINGA cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, BINGABINGA does not transfer legal ownership of items from the seller to the buyer.
BINGABINGA cannot guarantee the true identity, age, and nationality of a merchant or a buyer. BINGABINGA encourages you to communicate directly with potential transaction partners through the tools available on the Site.
You agree that BINGABINGA is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other merchants, or outside parties on BINGABINGA. You use the BINGABINGA’s service at your own risk.
To the maximum extent permitted by law, you and your affiliates waive the claims, whereas BINGABINGA and BINGABINGA affiliates are not responsible for: (a) any statements, guarantees, services in this agreement, and expected transactions, including merchantability, applying to particular purposes or any implied warranties of not torts; (b) implied warranties based on the transaction process, the performance of the contract or trading practices course of dealing; and (c) any duties, responsibilities, rights, claims or tort reliefs, whether or not they are due to BINGABINGA’s negligence.
Ifyouhavedisputeswiththethirdpartyoveryourproducts,youandthethirdparty shall not claim any rights and damage compensation of any kind and nature (including actual damage and indirect damage), no these claims, requirements and compensation of damages are known, ensured orreleased.
2. Your account withBINGABINGA
You’ll need to create an account with BINGABINGA to use some of our Services. Here are a few rules governing the accounts associated with BINGABINGA:
- A. You must be 18 or older to use our Services. Otherwise, you may only useour Services under the supervision of a parent or legalguardian.
- B. Be honest with us. Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company throughyour account.
- C. Choose a nice username. A username that is offensive, vulgar, or infringes someone’s intellectual property rights violates theTerms.
- D. Youareresponsibleforyouraccount.You’resolelyresponsibleforanyactivity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
- E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
- F. Let's be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment or franchisee relationship between you andBINGABINGA.
3. Fees andBilling
BINGABINGA will either take a percentage or a set amount of the sale price when the item sells. BINGABINGA may, at BINGABINGA's sole discretion, change some or all of BINGABINGA's services at any time. In the event BINGABINGA introduces a new service, the feefor that service is effective from the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
In certain situations, including but not limited to a void or invalid transaction, BINGABINGA may issue a credit for the applicable fees to a seller's billing statement.
You are responsible for paying all fees and applicable taxes associated with using and selling on BINGABINGA.
Price: Price is the set product rate by merchant, including taxes, tariffs and any other applied costs. Merchants are required to list prices and shipping costs for the products they sell through the BINGABINGA Marketplace. BINGABINGA will pay merchants based on the prices and shipping costs that they list for their products, either paying out a percentage of the price and shipping cost or a set amount based on the price and shipping cost. BINGABINGA reserves the right to adjust the prices or shipping costs displayed to users within the movement range agreed by merchants to optimize sales for our merchants. This does not affect the amount or percentage BINGABINGA has agreed to pay to merchant for their orders. If merchants have not agreed with the movement range, BINGABINGA will never change their prices. In this case, merchants will pay the payment processing fees, all refund costs, and BINGABINGA will not promote any of their products (no notification, no DPA ads, no discount incentives). A merchant's shipped transactions may be eligible for payment within 30 days of their shipment dates. BINGABINGA may unilaterally decide to delay the remittance and withhold the accounts payable to merchants or any other due payment according to this agreement, tillit receives the confirmation of delivered. Transactions that cannot be confirmed as delivery may be ineligible for payment. BINGABINGA will pay merchants for their eligible transactions twice a month. This payment will be a net amount: the merchant's prices (product and shipping) minus our charge as, per the revenue share or cost.
Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We do not stake any claim to it. That includes anything you post using our Services (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).
- A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by postingit.
- B. Permission to Use Your Content. By posting Your Content through our Services, you grant BINGABINGA a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help BINGABINGA function and grow. That way, we won’t infringe any rights you have over Your Content and we only help promote yourbusiness.
- C. Rights You Grant BINGABINGA. (Here’s the legalese version of the last section). By posting Your Content, you grant BINGABINGA a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote BINGABINGA, your BINGABINGA shop, or the Services in general, in any formats and through any channels, including across any BINGABINGA Services or third-party website or advertisingmedium.
- D. Reporting Unauthorized Content. BINGABINGA has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove any content that violates or infringes other’s rights from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, kindly follow the steps listed inour Intellectual Property Policy. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if thathappens.
- E. Inappropriate, False or Misleading Content. This is left to commonsense, but there are certain types of content we do not want posted on BINGABINGA’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory,obscene, vulgar or otherwise offensive or in violation of our ProhibitedItems Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
5. Listing andSelling
Listing Description: By listing an item on the Site, you warrant that you and all aspects of the item comply with BINGABINGA's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your BINGABINGA shop. Your listings may only include text descriptions, graphics, pictures andother contents relevant to the sale of that item. All items must be listed under appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must beidentical.
Shop Policies: All sellers are urged to outline shop policies for their BINGABINGA shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with BINGABINGA's site-wide policies. If there are any differences in shop policies and BINGABINGA policies, BINGABINGA policies prevail. Sellers are responsible for enforcing their own reasonable shop policies. BINGABINGA reserves the right to request a seller to modify shop policy.
Binding Sale: All sales are binding. The seller is obligated to ship the orderor otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: the transaction cannot be completed, due to laws, regulations, policies, natural disasters, wars, strikes and other unforeseen factors. The cost arising from not completing orders in time shall be undertaken bymerchant.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding BINGABINGA transaction fees, misrepresent the item's location, or use another merchant's account without permission.
6. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and relating to BINGABINGA and any or all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on BINGABINGA. If BINGABINGA makes any requirements at any time, merchant shall provide the written proof of having obeyed the product requirement of BINGABINGA and related law as soon as possible. The merchant assumes all responsibility for losses arising from delay.
Restricted Activities: Your Content and your use of BINGABINGA shall not:
- A. Be false, inaccurate ormisleading;
- B. Be obscene or contain pornography, nudity, or adultmaterial;
- C. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personalinformation;
- D. Host images that are not part of a productlisting;
- E. Link directly or indirectly to, reference or contain descriptions of goods or services that are prohibited under thisAgreement. Violate Merchant Policy or other policy documents as posted on BINGABINGA; Contain items that have been identified by the General Product Safety Directive (GPSD) European Commission as hazardous to consumers and therefore subject to a recall;
- F. List any item on BINGABINGA (or consummate any transaction) thatcould cause BINGABINGA to violate any applicable law, statute, ordinance or regulation, or that violates thisagreement;
- G. Be fraudulent (Fraud is the action taken by merchant to deliberately mislead customers with false information or conceal the real situation to lure customers into making a purchase.) or involve in the sale of illegal (Illegal goods refer to the commodity material, goods (inclusive of packaging) which contains illegal content.), counterfeit (Imitation is when a particular product’s trademark is forged or imitated or the product is adulterated without the permission of the owner of registered trademark.) or stolen items (Stolen products refer to illegally possessing, secretly stealing or burgling public or privateproducts);
- H. Be defamatory, libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including, not limited to, BINGABINGA staff or other merchants), or falsely state or otherwise misrepresent your affiliation with any person, for example, the use of similar email address, nicknames, or creation of false account(s) or any other method ordevice;
- I. Violate (or involve the sale of products that violate) any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (also see, BINGABINGA's Copyright and Intellectual Property Policy); Such prohibited behavior includes (but is not limited to): 1) selling or displaying items portraying the likeness of a celebrity (including portraits, pictures, names, signatures and autographs); 2) selling or displaying items bearing a third party brand or trademark that you are not authorized to display in such manner or 3) selling any pirated video orrecording;
- J. Modify, adapt or hack BINGABINGA or modify another website so as to falsely imply that it is associated withBINGABINGA;
- K. Solicit business for, direct sales to, or promote any website, service, or entity outsideBINGABINGA;
- L. Violate this Agreement BINGABINGA’s Merchant Policy, or any BINGABINGA site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
If BINGABINGA has reasonable doubts to believe the merchant consummates any transaction that was initiated using BINGABINGA's service) that could cause BINGABINGA to violate any applicable law, statute, ordinance or regulation, or that violates the right of merchant’s account, it reserves the right to dictate the merchants to pay customers or others according to specific compensation standard. All the payments thus dictated BINGABINGA include (but not limited to) refund, compensation and other fees. Merchants should agree to our decision on user refunds and,if they believe they are unduly penalised, they should follow BINGABINGA’s standard merchant dispute route. BINGABINGA will notify the results to you and BINGABINGA solely reserves the right of the final decision. BINGABINGA may decide to implement a policy that allows BINGABINGA to withhold payment or other due payments according to this agreement. If BINGABINGA has reasonable doubts to believe any actions or behavior of a merchant may cause disputes, fees or other claims with customers, BINGABINGA has rights to delay payment to the merchant and withhold account payable or other due payments according to this agreement, until all investigations of those actions and behaviors have been completed. If the merchant conducts above restricted activities or violates this provision, the merchant should pay USD $500 as penalty per incidence.
You agree that BINGABINGA has no obligations to keep information, update information, or send you the latest information in the case of suspending or ceasing your account.
Without limiting BINGABINGA’s remedies for any violation of any provision above (or any other provision in any other agreement between you and BINGABINGA), if BINGABINGA (in its sole discretion) determines that you violate any of the above provisions, BINGABINGA may, temporarily or permanently, freeze your account (including, but not limited to, all capital therein and any payment to you therefrom).
7. Disputes withBINGABINGA
In the event a dispute arises between you and BINGABINGA, please contact BINGABINGA.
Any disputes arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration, using the English language. This agreement is governed by and construed in accordance with the laws of Hong Kong without regard to conflicts of law provisions thereof and may be modified or waived only in writing signed by both Parties. This Agreement sets forth the entire agreement between the parties hereto with respect to the subject matter hereof. If any provision of this Agreement is found to be unenforceable, such provision will be limited or deleted to the minimum extent necessary so that the remaining terms remain in full force and effect. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and resolved by arbitration administered in Hong Kong which rules are deemed to be incorporated by reference to this clause; provided, however, that either party shall be entitled to seek injunctive or other equitable relief in any court of competent jurisdiction. The language of the arbitration shall be in English. The decision of the arbitrator shall be final and binding on the Parties and may be used (not limited to) as a basis for judgment on the Recognition and Enforcement of Foreign Arbitral Awards. The prevailing party in any action to enforce this Agreement shall be entitled to recover costs and expenses,including, but not limited to, attorneys’ fees. Neither party may assign this Agreement without the other party’s consent; provided, however, that either party may assign this Agreement without the other party’s consent to a third party that acquires all or substantially all of such party’s stock, assets, or business to which this Agreementrelates.
Should you have a dispute with one or more users, or an outside party, you release BINGABINGA (and BINGABINGA's officers, directors, agents, joint ventures, subsidiariesand employees) from any and all claims, demands, actions, liabilities, rights, duties and damages (actual and consequential) of every kind and nature, known and unknown, determined or possible, certain and uncertain, natural or unnatural, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. BINGABINGA encourages merchants to report merchant-to-user disputes to your local law enforcement, or a certified mediation or arbitration entity, as applicable. BINGABINGA, for the benefit of merchants, may try to help merchants resolve disputes. BINGABINGA does so at its sole discretion, and BINGABINGAhasnoobligationtoresolvedisputesbetweenmerchantsandusers or between merchants and outside parties. To the extent that BINGABINGA attempts to resolve a dispute, BINGABINGA will do so in good faith based solely on BINGABINGA's policies. BINGABINGA will not make judgments regarding legal issues orclaims.
8. BINGABINGA's IntellectualProperty
BINGABINGA, and other BINGABINGA graphics, logos, designs, page headers, buttonicons,scripts,andservicenamesareregisteredtrademarks,trademarksor trade dress of BINGA TECHNOLOGY LIMITED in Europe and/or other countries. BINGABINGA's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to causeconfusion.
9. Your Use of OurServices
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
- A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; and don’t commit fraud, theft or any other crimes against BINGABINGA, another BINGABINGA user or a thirdparty.
- B. Pay Your Bills. You are responsible for paying all fees that you owe to BINGABINGA.Youarealsosolelyresponsibleforcollectingand/orpayingany applicable taxes for any purchases or sales you make through our Services. Merchants that sell regularly on the BINGABINGA platform may be required to reserve for VAT. Although BINGABINGA does not require sellers to have a VAT number to sell in our marketplace, merchants may be required to pay for VAT for conducting such business in the applicable tax jurisdictions. As a result, we strongly encourage our merchants to consult their own tax experts and register for a VAT identification number and reserve such VAT dues accordingly.
- C. Don’t Steal Our Stuff. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services. If you want to use our API, please follow our API Terms ofUse.
- D. Don’tTrytoHarmOurSystems.Youagreenottointerferewithortrytodisrupt our Services, for example by distributing a virus or other harmful computer code.
- E. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or othermaterialsyousubmittoBINGABINGA(notincludingYourContentoritemsyou sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
12. Warranties and Limitation ofLiability
Items You Purchase. You understand that BINGABINGA does not manufacture, storeorinspectanyoftheitemssoldthroughourServices.Weprovidethevenue; the items in our market place are produced and sold directly by independent sellers, so BINGABINGA cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release BINGABINGA from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. BINGABINGA is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. This Help article has some good advice about handling in person meetings.
Warranties. BINGABINGA is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at yourownrisk.Somejurisdictionsdonotallowlimitationsonimpliedwarranties,so the above limitations may not apply toyou.
Liability Limits. In no event shall BINGABINGA, and (as applicable) BINGABINGA's subsidiaries, officers, directors, employees or BINGABINGA's suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, BINGABINGA's services, or this agreement, including but without limitation, lostprofits,bodilyinjury,emotionaldistress,oranyspecial,incidentalorconsequential damages.
special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, BINGABINGA's services, or this agreement, including but without limitation, lostprofits,bodilyinjury,emotionaldistress,oranyspecial,incidentalorconsequential damages. BINGABINGA's liability, and (as applicable) the liability of BINGABINGA's subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance are limited to the greater of (a) the amount of fees you pay to BINGABINGA in the 12 months prior to the action giving rise to liability,and (b) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
We hope this never happens, but if BINGABINGA gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defendBINGABINGA(includinganyofouremployees)andholdusharmlessfrom any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’srights.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and BINGABINGA are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Merchants have no right to representBINGABINGA to make or accept any offers or acceptance. Merchants cannot make any statements at any circumstance that may cause conflict with this term. This agreement does not establish an exclusive partnership between merchants and BINGABINGA.
16. Changes to theTerms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) postingthechangesthroughtheServicesor(2)sendingyouanemailormessage about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for revie wingandbecomingfamiliarwithanychanges.Youruseof
17. Choice ofLaw
This Agreement shall in all respects be interpreted and construed with and by the laws of People’s Republic of China.
Except as explicitly stated otherwise, any notices shall be given by postal mail to BINGABINGA, 711room,Shangdu International Center, Chaoyang District, Beijing, China (in the case of BINGABINGA) or, in your case, to the email address you provide to BINGABINGA (either during the registration process or when your email address changes). Notice shall be deemed as proof of service 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, BINGABINGA may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to BINGABINGA.In such case, notice shall be deemed as proof of service three days after the date of mailing.
The services hereunder are offered by BINGA TECHNOLOGY LIMITED, located at. 711room, Shangdu International Center Chaoyang District, Beijing, China.